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What is a Protective Order?

Is your spouse, or another family or household member accusing you of family violence? If so, the alleged “victim” of the abuse may have taken out a protective order against you. If this is the case, what is a protective order and how can it affect you?

In Texas, victims of family violence, also known as “domestic violence” can ask the court to issue a protective order, which is a civil court order that prohibits an alleged abuser from continuing:

Under Texas law, family violence refers to child abuse, violence against a family or household member, or serious threats to cause physical harm to another member of one’s family or household.

Family refers to spouses, parents who have a child in common, blood relatives, relatives by marriage, foster parents and their foster children, or any other member of a household, whether or not they are related.

What a Protective Order Can Do

If a family or household member gets the court to issue a protective order against you, the protective order may prohibit you from:

  • Harassing the victim,
  • Committing any further acts of stalking, family violence, human trafficking, or sexual assault against the victim,
  • Threatening the victim, directly or indirectly,
  • Going to your child’s school or daycare (if the child is protected in the order), or
  • Going near your child’s school or daycare (if the child is protected in the order).

In some cases, a protective order can order the individual to do, or not do certain things. For example, a protective order can order an abusive spouse/parent to pay child support for up to one year, it can order them to move out of their own home, and it can order them to attend mandatory counseling.

If an offender violates a protective order, he or she can be held in contempt of court and fined up to $500, or up to 6 months behind bars, or both. In the case of a violation, excluding an ex parte order, an offender may be fined up to $4,000, or up to 1 year in jail, or both.

If there is a protective order against you, contact The Zendeh Del Law Firm, PLLC for help!